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Clifford Linne v. Brian Adams

October 4, 2012

CLIFFORD LINNE, PLAINTIFF,
v.
BRIAN ADAMS, NEIL ROSSI, AND TARA OWEN, DEFENDANTS,



The opinion of the court was delivered by: Richard Mills United States District Judge

E-FILED

Friday, 05 October, 2012 04:27:44 PM Clerk, U.S. District Court, ILCD

OPINION

The Defendants' Motion for Summary Judgment [d/e 14] is allowed for the following reasons.

I.

A.

In 2009, the Illinois Department of Corrections (IDOC) had four vacancies for training positions (Staff Development Specialist I) at its Training Academy. IDOC planned to install three people to fill the vacancies.

The process was conducted pursuant to the guidelines established in Rutan v. Republican Party of Illinois , 497 U.S. 62 (1990). In Illinois, Rutan hiring is highly regulated. See , e.g. , Ill. Exec. Order(Admin. Order No. 2), Directive to State Agencies, Updating Guidance for Compliance with the Rutan Decision (Dec. 10, 2009), available at http://www2.illinois.gov/ Government/ExecOrders/Documents/2009/adminorder2009-2.pdf (last visited Oct. 4, 2012).

The positions were first made available, under the relevant collective bargaining agreement, to certain union members who had the right to "bid" on the positions. None of these individuals accepted the positions.

Then the three positions were publicly listed, and employees of IDOC, other state agencies, and the general public were allowed to apply for the positions. After submitting their application materials, most state employees applying for the positions were assigned a grade by the Illinois Department of Central Management Services (CMS).*fn1

Next, the list of qualified applicants was forwarded to the Training Academy. Interviews were scheduled for January 28, 2010, and February 1, 2010. Ten individuals were invited to interview, including Plaintiff Clifford L. Linne.

B.

Defendants Bryan Adams and Tara Owen conducted the interviews and prepared the interview evaluation sheet.*fn2 At that time, Adams was Manager of Staff Development and Training. Adams would supervise the individuals eventually promoted. Owen was, and remains, the Hiring Process Manager for Public Safety Shared Services.*fn3 Owen's job duties include posting employment opportunities and interviewing applicants.

The evaluation sheet for the interviews contained talking points and a script to be read at the beginning of each interview:

Note to the Interviewer:

3/4 After greeting each candidate in the same manner & asking him/her how he/she wishes to be addressed throughout the interview, escort ...


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